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HomeMy WebLinkAbout05-4754 09-1-01 O~ '- JI'rf:'1 C;(..)~L ~ NOTICE OF JUDGMENTrrRANSCR~PT PLAINTIFF: RESIDENTI~~E~n~t\~~ rsUKPLE-SULLIVAN, BARBARA ATTORllBY-AT-LAW 549 BRIDGE STREET ~ CUMBERLAND, PA 17070 VS. DEFENDANT: NAME and ADDRESS fiOWBR, DANIEL, ET AL. 12 SOUTH RUPP AVE SHIREHAHSTOWR, PA 17011 L Docket No.: LT-0000761-04 Date Filed: 12/30/04 ~OMMONWEAL TH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dls1. No.: MDJ Name: Hon. CHARLES A. CLBKBRT, J.R. Address: 400 BRIDGE ST OLDE TOWllE COMMONS -SUITB 3 RBW CUMBBRLAND, PA Telephone: (717 ) 774-5989 17070 BARBARA SUKPLB- SULLIVAN ATTORJIBY-AT-LAW 549 BRIDGE STREET RBW CUMBBRLAND, PA 17070 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAIlIiITIFF [!] Judgment was entered for: (Name) SUKPLB'-SULLIVAN, ., BARBARA' Judgment was entered against HOWER, DANIBL in a Ii] Landlordffenantactionintheamountof$ 2,817.00 on 1/31/05 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 650.00, The total amount of the Security Deposit is $ .00 Total Amount Established by. MDJ Less' Security Deposit App-lied = Adjudicated Amount Rent in Arrears $ 2,722.50-$ .00 = $ 2,722.50 Physical Damages Leasehold Property $ . 00 - $ . 00 = $ . 00 Damages/Unjust Detention $ _ 00 - $ _ 00 = $ _ 00 Less Amt Due Defendant from Cross Complaint $ _ 00 Interest (if provided by lease) $ _ 00 L!T Judgment Amount $ 2,722 _ 50 Judgment Costs $ 94 _ 50 Attorney Fees $ _ 00 Total Judgment $ 2,817.00 Post Judgment Credits $ POst Judgment Costs $ Certified Judgment Total $ Ime 0 eVlc lon, D Defendants are jointly and severally liable, D D [!J This case dismissed without prejudice. Attachment Prohibited/ 42 Pa.C.S. 9 8127 Possession granted. D D Possession granted if money judgment is no Possession not granted, IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY, IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED, IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTrrRANSCRIPT FORM WITH THE NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL. FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE, UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MA Y FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT, , Magisterial District Judge e JU gm.ent. , Ma,gisterial, District Judge Mv commission expires first Monday of January, 2008. AOPC 315A-05 SEAL THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF [!J Judgment was entered for: (Name) SUKPLE-SULLIVAII', .. BARBARA. Judgment was entered against HOWER, MICHBLLB L in a [i] LandlordfTenant action in the amount of $ 2,817.00 on 1/31/05 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 650.00, The total amount of the Security Deposit is. $ .00 Total AmouJ.!.t-.Establjs~ed b~ MDJ L~ss' Security Deposit Ap~lied = Adjudicated Amount Rent in Arrears .~_. I 2,72'2. SO ': $ .00 = $ 2,722.50 Physical Damages Leasehold Property $ !. .06-"'-'- $ . 00 = $ . 00 Damages/Unjust Detention $, '..1- ~ o~::::- $ - 00 = $ - 00 LeSS Amt Due Defendant from Cross Complaint $ . 00 Interest (if provided by lease) $ _ 00 UTJudgment Amount $ 2,722 _ 50 Judgment Costs $ 9 4 . 50 Attorney Fees $ _ 00 Tof~1 Judgment $ 2,817.00 p'~~t Judgment Credits $ Po~t Judgment Costs $ qe~ifird Judgment Total $ Ime Q',eVIC lon, '..f D Defendants are jointly and severally liable. ,OMMONWEAL TH OF PENNSYLVANIA COUNTY OF: C1JJIBBRLAIm Mag. Dis!. No.. 09-1-01 MDJ Name: Hon. CHARLBS A. CLBIIBRT, JR Address: 400 BRIDGB ST OLDB TOWlllB COIIIIOllS -SUITB 3 Jf.BW C1JJIBBRLAIm, PA Telephone (717 ) 774-5989 17070 BARBARA. SUIIPLB-SULLIVAII' ATTOUBY-AT-LAW 549 BRIDGB STREBT Jf.BW ctJIIBBRLAIm, PA 17070 D D [!] Attachment Prohibited/ 42 Pa,C,S, 98127 This case dismissed without prejudice._ Possession granted. D o Possession granted if money judgment is no Possession not granted, -) .:.'! "I NOTICE OF JUDGMENTITRANSCRIPl PLAINTIFF: RESIDENTI~~E~n~~~s~ rsUIIPLE - SULLIVAlI, BARBARA ATTOUBY-AT-LAW 549 BRIDGB STREET ~ C1JJIBBRLAIm, PA 17070 VS. DEFENDANT: NAME and ADDRESS fi:OWER, DAII'IBL, BT AL. 12 SOUTH Rl1PP AVE SHIRBIIAlISTOWR, PA 17011 L Docket No,: LT-0000761-04 Date Filed: 12/30/04 ./ /' ",. r '" "1. "-.--' IN AN ACTION INVOLVING A RESIDENTIAL LEASE; ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY, IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ~RREARS ON THE DATE THE APPEAL IS FILED, IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CfyJ"J.. DIVISION, THE PARTY FILING AN APPEAL MUST INCLUOE A COPY OF THIS NOTICE OF JUDGMENTrrRANSCRIPT FORM WITH THE NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS T;O ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON P~E~S AND NO FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE, UNLESS TH~ JUpGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOFJENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTQR PAYS IN FULL, SETTLES, OR OOHERWISE COMPLIES WITH THE JUDGMENT, . . JAN 3 1 2005 Date certl y t at t IS IS a true an EP - 8 2005 Date Mv commission expires first Monday of January, 2008. AOPC 315A-05 .'Sle:rial District Judge e JU QITlent , Magisterial District Judge ". SEAL_, ~ D ~ IV -- \l l ~ -I- ~ - v, r '- ~ ~ - f! ~ ~ ,....:> ~ U( G = 0 \,-~ c-~ -rl <:fl '" .-1 ~ \ ' ~ (/'> ~-n \) r-1.'1 -<:J \ llr:;;; ~clr!1 f= ---:r: w :.:~S; .~ ..,~) -n ~~} ??~ f b,n (.., ...-\ 0.") ~D 0 --< <;.,) F\ , r ~ r---. ...... C t ~ ....--.-------------....-.-.--- , '"'MMON PLEAS OF CUM. BERLAND r "'UNTY, PENN~ 11-\" .- IN THE COURT or J CIVIL DIVISION PRAECIPE FOR WRiT OF EXECUTION Caption: Barbara s-umple-SUlli van, EsqUire ( ) Confessed Judgment ( ) Other File No. ()~-'I~S~ C!;u'! ( . $2,817.00 Amount Due Interest Atty's Comm Costs vs. Daniel Hower and Michelle L. Hower TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not.arise out of a retail installment sale account based on a confession of judgment, but if it does, it is based on the appropriate original prol pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amende Issue writ of execution in the above matter to.the Sheriff of CUmberland for debt, interest and costs, upon the following desc~bed property of the deiendant(s) Any and all property belonging to the above named Defendants located at 1 2 S:::>u Avenue, Shirernanstown, pennsylvania 17011, including but not limited to a 200. Chevrolet Blazer, VIN No. 1GN[n13X94K106956. PRAECIPE FOR ATIACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, costs, as above, directing attachment against the above-named gamishee(s) for the following pre estate, supply six copies of the description; supply four copiE7s of lengthy personalty list} and all other property of the defendant(s) in the possession. custody orcontro of tbJ~,.said garniE o (Indicate) Index this writ against the garnishee(s) as a lis pe defendant(s) described in the attached exhibit. Date september 9 2005 Signature: Print Name: Address: Barbara Sumple-SU 549 Bridge street New Cumberland, J , ~- Attorney for: Telephone: Plaintiff (717) 774-1445 Supreme Court fD No.: 32317 (< ~ .fQ. (:) ~ UJ ~ :c ........ -G ~ V) t ......... . . . "',) -) \ ~ ?--> () 1",--:":) . CI) _.--~ Sn ~ 0 Vj 0 ~ C> "-:;"..n ~ () C> t I - I ~ - ""-J l' 0 ~ w ~ ;- ... ... - " +- ..,~, .. 1J . " ~~ \.1': . ~ ... >..j'>.c/ -. C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BARBARA SUMPLE-SULLlV AN, ESQUIRE, NO 05-4754 Civil CIVIL ACTION - LAW Plaintiff (s) From DANIEL HOWER AND MICHELLE L. HOWER, 12 SOUTH RUPP AVENUE, SHIREMANSTOWN, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PROPERTY BELONGING TO THE ABOVE NAMED DEFENDANTS LOCATED AT 12 SOUTH RUPP AVENUE, SHIREMANSTOWN, P A 17011, INCLUDING BUT NOT LIMITED TO A 2004 CHEVROLET BLAZER, VIN NO. 1GNDT13X94K106956. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,817.00 Interest Atty's Comm % Atty Paid $36.75 Plaintiff Paid Date: SEPTEMBER 13, 2005 L.L. $.50 Due Prothy $1.00 Other Costs (Seal) Deputy REQUESTING PARTY: Name BARBARA SUMPLE-SULLlV AN, ESQUIRE Address: 549 BRIDGE STREET NEW CUMBERLAND, P A 17070 Attorney for: PLAINTIFF Telephone: 717-774-1445 Supreme Court ID No. 32317 Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Advance Costs: Sheriffs Costs: 150.00 84.60 $ 65.60 Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 18.00 1.46 .50 1.00 13.44 30.00 20.00 Refunded to Atty on 10/25/05 84.40 Sworn and Subscribed to before me 2005 A.D. ~ ?~. -""~..~...!' y~, ~~~.t R. ,homas Kline, Sheriff ~)~(~ ( au ia A. BrewbitKer <:>, C'. " --l:. '-' ~ ~ .'1 "\ \ S I Ll . i ~ "..- .:L:l\b'S , . __ _ l~ ..:.;". I.:': I.-"V 1? 'J>) 7 J3 10-- "707'10 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4754 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BARBARA SUMPLE-SULLIV AN, ESQUIRE, Plaintiff (s) From DANIEL HOWER AND MICHELLE L. HOWER, 12 SOUTH RUPP AVENUE, SHIREMANSTOWN, PA 17011 (I) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PROPERTY BELONGING TO THE ABOVE NAMED DEFENDANTS LOCATED AT 12 SOUTH RUPP AVENUE, SHIREMANSTOWN, PA 17011, INCLUDING BUT NOT LIMITED TO A 2004 CHEVROLET BLAZER, VIN NO. IGNDT13X94KI06956. (2) You are also directed to attach the property of the defendant(s) not1evied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $2,817.00 L.L. $.50 Interest Atty's Comrn % Atty Paid $36.75 Plaintiff Paid Date: SEPTEMBER 13, 2005 Due Prothy $1.00 Other Costs ,2.:~ (Seal) By: Deputy REQUESTING PARTY: Name BARBARA SUMPLE-SULLIV AN, ESQillRE Address: 549 BRIDGE STREET NEW CUMBERLAND, P A 17070 Attorney for: PLAINTIFF Telephone: 717-774-1445 Supreme Court ID No. 32317 Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, PA 17070 (717)774-1445 BARBARA SUMPLE-SULLIV AN, ATTORNEY-AT-LAW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. LT-0000761-04 : NO. 05-4754-Civil Term DANIEL HOWER and MICHELLE L., HOWER Defendants TO THE HONORABLE JUDGES OF SAID COURT MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND DOCUMENT PRODUCTION REQUESTS IN AID OF EXECUTION AND NOW, this 13th day of December, 2005, comes the Plaintiff, Barbara Sumple-Sullivan, Attorney-At-Law, and respectfully moves this Honorable Court to Compel Responses to Interrogatories and Document Production Requests In Aid of Execution. In support thereof she avers the following: 1. The above-captioned matter involves a Judgment which was entered on January 31, 2005 in the amount of Two Thousand Eight Hundred Seventeen Dollars ($2,817.00) against Defendants regarding a residential lease. 2. On September 13, 2005, Judgment was entered in the Cumberland County Prothonotary's Office. 3. Payment has not been received from Defendants in accordance with the Judgment. 4. Interrogatories and Document Production Requests In Aid of Execution were served by Plaintiff on Defendant, Michelle L. Hower, on November 1, 2005. A true and correct copy is attached hereto as Exhibit "A." 5. Responses were due within thirty (30) days in accordance with 42 Pa.R.C.P. 4006 and 4009.12. 6. No timely response was received to this discovery request. 7. Pa. R.C.P. 3117 provides: (a) Plaintiff at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or a garnishee, upon oral examination or written interrogatories as provided by the rules relating to Depositions and Discovery. The prothonotary of the county in which judgment has been entered or of the county within this Commonwealth where the deposition is to be taken, shall issue a subpoena to testify. (b) All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it is ascertained by the discovery proceedings that the defendant has property liable to execution. 8. Plaintiffrequests Defendant, Michelle L. Hower, shall be ordered to answer the 2 discovery requests within fifteen (15) days from the date of the Order. WHEREFORE, it is respectfully requested that Defendant, Michelle L. Hower, be compelled to respond to Interrogatories and Document Production Requests In Aid of Execution referred to in this Motion within fifteen (\5) days of the order and be ordered to pay all costs in association with the discovery requests Dated: December 13,2005 Bar15ara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ID #32317 3 Exhibit A LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774.7059 November 1,2005 Ms. Michelle L. Hower 115 North Street, Apt. 531 Harrisburg, P A 17102 Re: Barbara Sumple-Sullivan v. Daniel Hower and MichelIe Hower Docket No. LT-0000761-04 / 05-4754-Civil Term / Cumberland Co, Dear Michelle: Enclosed please find Interrogatories and Document Production Requests in Aid of Execution to be answered by you. Your answers will be due to my office within thirty (30) days. If you should have any questions, do not hesitate to contact my office. Barbara Sumple-Sullivan BSS/ab Enclosures BARBARA S UMPLE-SULLlV AN, ATTORNEY-AT-LAW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. LT-0000761-04 DOCKET NO. 05-4754 DANIEL HOWER and MICHELLE L. HOWER, Defendant CIVIL TERM INTERROGATORIES IN AID OF EXECUTION TO: Ms, Michelle Hower U5 North Street, Apt. 531 Harrisburg, P A 17102 AND NOW comes, Barbara Sump Ie-Sullivan, Esquire and files, in accordance with Pa. R.C.P. 3117, the following Interrogatories in Aid of Execution of her judgment against the Defendants. You must answer these interrogatories within thirty (30) days of the date of service on you. Responses are due within thirty days of the date of service. I. IdentifY all financial accounts that you have, either in your name alone or with another party. For purposes of this Interrogatory, financial account shall be any account held by a bank, credit union, insurance company, brokerage house, or any other depository of monies. For each financial account, please identifY the following: a. The name and address of the financial institution; b. Your account number(s); and c. The sums in the account from December 30, 2004 for each month thereafter to the present. Answer: 2. IdentifY all entities (natural person or otherwise) who owe you money either as salary, wage, or for repayment of a debt. a. For each person, identifY the name and address of the individual or company; b. The amount of the monies owed. I. If this is your employer, identifY the pay date on which you are paid your salary or other wage; 2. The amount received as salary or other wages; and 3. State your payroll or other identifYing number. Answer: 3. IdentifY your current employer(s). a. State address and telephone number; and b. State the name of your supervisor. . Answer: 2 4. Please identifY the location of any safe deposit box held in your name and the contents thereof as of December 30,2004 through the present. Answer: 5. Please identifY all items of personal property held by you presently, including, but not limited to items such as vehicles, in excess of One Hundred Dollars ($100.00). a. IdentifY any encumbrance against said personal property. Answer: Dated: November I, 2005 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 3 BARBARA SUMPLE-SULLlV AN, ATTORNEY-AT-LAW, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. LT-0000761-04 : DOCKET NO. 05-4754 DANIEL HOWER and MICHELLE L. HOWER, Defendant : CIVIL TERM CERTIFICATE OF SERVICE I, Barbara Sump Ie-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the foregoing INTERROGATORIES IN AID OF EXECUTION, in the above-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: Ms. Michelle Hower 115 North Street, Apt. 531 Harrisburg, PA 17102 DATED: November 1,2005 mple-Sullivan, sqUIre 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 4 BARBARA SUMPLE-SULLIV AN, ATTORNEY-AT-LAW, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. LT-0000761-04 DOCKET NO. 05-4754 DANIEL HOWER and MICHELLE L. HOWER, Defendant CIVIL TERM DOCUMENT PRODUCTION REQUESTS IN AID OF EXECUTION TO: Ms. Michelle L. Hower 115 North Street, Apt. 531 Harrisburg, P A 171 02 AND NOW comes, Barbara Sumple-Sullivan, Esquire and files, in accordance with Pa. R.C.P. 3117, the following Document Production Requests in Aid of Execution of her judgment against the Defendants. You must answer these document production requests within thirty (30) days of the date of service on you. Responses are due within thirty days of the date of service. I. Please provide monthly statements from all financial accounts that you have, either in your name alone or with another party for each financial account listed in your Answer to Interrogatory No. I from December 30, 2004 to the present. 2. Please provide documents to support each Answer to Interrogatory No.2. If the amount of monies owed is from your employer, please provide a current pay stub. Dated: November 1,2005 // Respec /' I Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Courtl.D. No. 32317 3. Please provide your 2004 Federal, State and L - BARBARA SUMPLE-SULLIV AN, ATTORNEY-AT-LAW, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. LT-0000761-04 : DOCKET NO. 05-4754 DANIEL HOWER and MICHELLE L. HOWER, Defendants CIVIL TERM CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the foregoing DOCUMENT PRODUCTION REQUESTS IN AID OF EXECUTION, in the above-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: Ms. Michelle L. Hower 115 North Street, Apt. 531 Harrisburg, P A 17102 DATED: November 1,2005 BaTbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court l.D. No. 32317 Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, PA 17070 (717) 774-1445 BARBARA SUMPLE-SULLIV AN, ATTORNEY-AT-LAW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. LT-0000761-04 : NO. 05-4754-Civil Term DANIEL HOWER and MICHELLE L., HOWER Defendants CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served the Motion to Compel Response to Interrogatories and Document Production Requests In Aid of Execution to this Honorable Court, in the above-captioned matter upon the following individual via United States Mail: Ms. Michelle L. Hower 115 North Street, Apt. 531 Harrisburg, P A 17102 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 DATE: December 13, 2005 '- _J , . " .\ C' ~ Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, PA 17070 (717)774-1445 BARBARA SUMPLE-SULLIV AN, ATTORNEY-AT-LAW, Plaintiff DEe 1 4 2005 MI . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. LT-0000761..04 : NO. 05-4754-Civil Term DANIEL HOWER and MICHELLE L., HOWER Defendants RULE TO SHOW CAUSE AND NOW, this 2/" day of ~ , 2005, it is Ordered and Decreed !2.sc.-'i ('ZQ) tha~ Defendant, Michelle L. Hower, shall file a Rule returnable within tell (10) days of the S>U"" ,'U-- -4Me of this Order to show cause why Plaintiffs Motion should not be granted. Failure to timely file said Rule will result in Plaintiffs Motion to be GRANTED. BY THE COURT: \r!;J \\'~ \r- .4tL- Z t : II WI! I Z :)3 0 gOal AtJVIOi\CkLiOUd :JHl :10 388,:0-0.311:1 Barbara Sumple.Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BARBARA SUMPLE-SULLIV AN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. LT-0000761-04 NO. 05-4754-Civil Term DANIEL HOWER and MICHELLE L., HOWER Defendants PETITION TO MAKE RULE ABSOLUTE 1. Petitioner is Barbara Sumple-Sullivan, Esquire. 2. Respondent is Michelle L. Hower. 3. The above-captioned matter involves a Judgment which was entered on January 31, 2005 in the amount of Two Thousand Eight Hundred Seventeen Dollars ($2,817.00) against Defendants regarding a residential lease. 4. On September 13, 2005, Judgment was entered in the Cumberland County Prothonotary's Office. 5. Payment has not been received from Defendant in accordance with the Judgment. 6. Interrogatories and Document Production Requests In Aid of Execution were served by Plaintiff on Defendant, Michelle L. Hower, on November 1, 2005. 7. Responses were due within thirty (30) days in accordance with 42 Pa.R.C.P. 4006 and 4009.12. 8. No timely response was received to this discovery request. 9. On December 13, 2005, Plaintiff filed a Motion to Compel Defendant, Michelle L. Hower's, Reponses to the Interrogatories and Document Production Requests in Aid of Execution. A true and correct copy of same is attached hereto as Exhibit A. 10. On December 21, 2005, Judge Kevin A. Hess issued a Rule returnable in twenty (20) days upon Defendant to show cause why the Motion to Compel should not be granted. II. Said Rule was served upon Defendant, Michelle L. Hower, by letter dated December 22, 2005. A true and correct copy of same is attached hereto as Exhibit B. 12. No timely answer or other response was filed to said Rule by Defendant, Michelle L. Hower. 13. No contact has been made at all to Plaintiff by Defendant, Michelle L. Hower, or any counsel representing her. 14. Plaintiff requests that Defendant, Michelle L. Hower, shall respond to Plaintiffs Interrogatories and Document Production Requests in Aid of Execution within fifteen (15) days of this Order. 15. Plaintiff requests entry of an Order for costs of Three Hundred Dollars and 00/100 ($300.00) pursuant to Pa. R.c.P. 3117(b), which provides: All reasonable expenses in connection with the discovery may be taxed against the Defendant as costs if it is ascertained by the discovery proceedings that the Defendant has property liable to execution. WHEREFORE, Petitioner requests the Rule be made absolute and Defendant, Michelle L. Hower, respond to Plaintiff s Interrogatories and Document Production Requests in Aid of Execution within fifteen (15) days of this Order and be ered to pay all costs in ~ association with the discovery requests and this Motion;//' // // I DATE: January 17,2006 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Exhibit A Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 BARBARA SUMPLE-SULLIV AN, ATTORNEYcAT-LAW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V AN1A v. : NO. LT-0000761-04 : NO. 05-4754-Civil Term DANIEL HOWER and MICHELLE L., HOWER Defendants RULE TO SHOW CAUSE AND NOW, this day of , 2005, it is Ordered and Decreed that Defendant, Michelle L. Hower, shall file a Rule returnable within ten (10) days of the date of this Order to show cause why Plaintiff's Motion should not be granted. Failure to timely file said Rule will result in Plaintiff's Motion to be GRANTED. BY THE COURT: J. Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 BARBARA SUMPLE-SULLIV AN, ATTORNEY-AT-LAW, Plaintiff IN THE C01JRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. LT-0000761-04 NO. 05-4754-Civil Term DANIEL HOWER and MICHELLE L., HOWER Defendants ORDER AND NOW, this day of ,2005, upon consideration of Plaintiff's Motion to Compel Responses to Interrogatories and Document Production Requests in Aid of Execution, said Motion is hereby GR.A..'''oHED. It is further ORDERED and DECREED as follows: Defendant, Michelle L. Hower, shall respond to Plaintiff's Interrogatories and DOCUl'Ilent Production Requests in Aid of Execution withi..., fifteen (15) days of this Order. BY THE COlJRT: J. Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, PA 17070 (717) 774-1445 BARBARA SUMPLE-SULLIV AN, ATTORNEY-AT-LAW, Plaintiff IN THE COURT OF COMNlON PLEAS CUMBERLAND COUNTY, PENNSYL V A..'NIA v. : NO. LT-0000761-04 NO. 05-4754-Civil Term !"'-~;. ~= .= e.". o T. '-1 T r~~r DANIEL HOWER and MICHELLE L., HOWER o I'; t~) Lc.:.' (:~ Defendants '.' 1'-..<5 :~ ?-{l TO THE HONORABLE JUDGES OF SAID COlJRT: '-,...., --.l ~... MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND DOCUMENT PRODUCTION REQUESTS IN AID OF EXECUTION AND NOW, this 13th day of December, 2005, comes the Plaintiff, Barbara Sump1e-Sullivan, Attorney-At-Law, and respectfully moves this Honorable Court to Compel Responses to Interrogatories and Document Production Requests In Aid of Execution. In support thereof she avers the following: 1. The above-captioned matter involves a Judgment which was entered on January 31, 2005 in the amount of Two Thousand Eight Hundred Seventeen Dollars ($2,817.00) against Defendants regarding a residential lease. 2. On September 13, 2005, Judgment was entered in the Cumberland County Prothonotary's Office. 3. Payment has not been received from Defendants in accordance with the Judgment. 4. Interrogatories and Document Production Requests In Aid of Execution were served by Plaintiff on Defendant, Michelle L. Hower, on November 1, 2005. A true and correct copy is attached hereto as Exhibit "A." 5. Responses were due within thirty (30) days in accordance with 42 Pa.R.C.P. 4006 and 4009.12. 6. No timely response was received to this discovery request. 7. Pa. R.C.P. 3117 provides: ( a) Plaintiff at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or a garnishee, upon oral examination or written interrogatories as provided by the rules relating to Depositions and Discovery. The prothonotary of the county in which judgment has been entered or of the county within this Commonwealth where the deposition is to be taken, shall issue a subpoena to testify. (b) All reasonable expenses in counection with the discovery may be taxed against the defendant as costs if it is ascertained by the discovery proceedings that the defendant has property liable to execution. 8. Plaintiff requests Defendant, Michelle L. Hower, shall be ordered to answer the 2 discovery requests within fifteen (15) days from the date of the Order. WHEREFORE, it is respectfully requested that Defendant, Michelle L. Hower, be compelled to respond to Interrogatories and Document Production Requests In Aid of Execution referred to in this Motion within fifteen (15) days of the order and be ordered to pay all costs in association with the discovery requests andJthis Motion. / Bar ara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Dated: December 13, 2005 3 Exhibit A ,- LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLA-~D. PE1'-c"'NSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 November 1,2005 Ms. Michelle L Hower 115 North Street, Apt. 531 Harrisburg, P A 17102 Re: Barbara Sumple-SuIlivan v. Daniel Hower and Michelle Hower Docket No. LT-0000761-04/ 05-4754-Civil Term / Cumberland Co. Dear Michelle: Enclosed please find Inter.-ogatories and Document Production Requests in Aid of Execution to be answered by you. Your answers will be due to my office within thiliy (30) days_ If you should have al1Y questions, do not hesitate to contact my office. Barbara Sumple-Sullivan BSS/ab Enclosures BARBARA SUMPLE-SULLIV AN, ATTORNEY-AT-LAW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEN~SYLVANIA v. NO. LT-0000761-04 DOCKET NO. 05-4754 DANIEL HOWER and MICHELLE L. HOWER, Defendant CIVIL TER.."1 INTERROGATORIES IN AID OF EXECUTION TO: Ms. Michelle Hower 115 North Street, Apt. 531 Harrisburg, P A 17102 AND NOW comes, Barbara Sumple-Sullivan, Esquire and files, in accordance with Pa. R.C.P. 3117, the following Interrogatories in Aid of Execution of her judgment against the Defendants. You must answer these interrogatories within thirty (30) days of the date of service on you. Responses are due within thirty days of the date of service. I. IdentifY all financial accounts that you have, either in your name alone or with another party. For purposes of this Interrogatory, financial account shall be any account held by a bank, credit union, insurance company, brokerage house, or any ather depository of monies. For each financial account, please identifY the following: a. The name and address of the financial institution; b. Your account number(s); and c. The sums in the account from December 30, 2004 for each month thereafter to the present. Answer: 7 IdentifY all entities (natural person or otherwise) who owe you money either as salary, wage, or for repayment of a debt. a. For each person, identifY the name and address of the individual or company; b. 1. The amount of the monies owed. 1. If this is your employer, identifY the pay date on which you are paid your salary or other wage; The amount received as salary or other wages; and State your payroll or other identifYing number. ~ ,). Answer: 3. IdentifY your current employer(s). a. State address and telephone number; and b. State the name of your supervisor. , Answer: 2 4. Please identifY the location of any safe deposit box held in your name and the contents thereof as of December 30, 2004 through the present. Answer: 5. Please identifY all items of personal property held by you presently, including, but not limited to items such as vehicles, in excess of One Hundred Dollars ($100.00). a. IdentifY any encumbrance against said personal property. Answer: Dated: November 1,2005 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 3 BARBARA SUMPLE-SULLIV AN, ATTORNEY-AT-LAW, Plaintiff : IN mE COURT OF COMMON PLEAS : CUMBERLAND COlJNTY, PENNSYLVANIA v. : NO. LT-0000761-04 : DOCKET NO. 05-4754 DANIEL HOWER and MICHELLE L. HOWER, Defendant : CIVIL TERM CERTIFICATE OF SERVICE I, Barbara Sump Ie-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the foregoing INTERROGATORIES IN AID OF EXECUTION, in the above-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: Ms. Michelle Hower 115 North Street, Apt. 531 Harrisburg, PA 17102 DATED: November 1,2005 umple-Sullivan, l::squire 549 Bridge Street New Cumberland, P A 17070-193 1 (717) 774-1445 Supreme Comi I.D. No. 32317 4 BARBARA SUMPLE-SULLIV AN, ATTORNEY-AT-LAW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEN"NSYL VANIA v. : NO. LT-0000761-04 : DOCKET NO. 05-4754 DANlEL HO\VER and MICHELLE L HOWER, Defendant CIVIL TERM DOCUMENT PRODUCTION REQUESTS IN AID OF EXECUTION TO: Ms. Michelle L. Hower 115 North Street, Apt. 531 Harrisburg, P A 17102 AND NOW comes, Barbara Sumple-Sullivan, Esquire and files, in accordance with Pa. R.C.P. 3117, the following Document Production Requests in Aid of Execution of her judgment against the Defendants. You must answer these document production requests wiLl-tin thirty (30) days of the date of service on you. Responses are due within thirty days of the date of service. I. Please provide monthly statements from all financial accounts t.'1at you have, either in your name alone or with another party for each financial account listed in your Answer to Interrogatory No. I from December 30, 2004 to the present. 2. Please provide documents to support each Answer to Interrogatory No.2. If tIle amount of monies owed is from your employer, please provide a current pay stub. 3. Please p.ovide your 2004 Fede.al, State and LZ:;"a:fTax ReTIL."1lS /' . R/::,'~ es~CrTl;:-' ~mitted, /~~/ I Barb~~ sum:Ie-snniVaIl, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme C01L."1: LD. No. 32317 Dated: November 1,2005 BARBARA SUMPLE-SULLIVAN, ATTORNEY-AT-LAW, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PEl'--TNSYL V AN1A v. : NO. LT-0000761-04 DOCKET NO. 05-4754 DANIEL HOWER and MICHELLE 1. HOWER, Defendants CIVIL TERlv1 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the foregoing DOCIJMENT PRODUCTION REQUESTS IN AID OF EXECUTION, in the above-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: Ms. Michelle L. Hower 115 North Street, Apt. 531 Harrisburg, FA 17102 DATED: November 1,2005 B', n 1 - jj- r" . ( aroara :;jump e-Sllillvan., ..c..sqv..1JIe 549 Bridge Street New C"mberlan.d, PA 17070-1931 (717) 774-1445 Supreme Conrt 1.D. No. 32317 Barbara Swnple-Sul\ivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, PA 17070 (717) 774-1445 BARBARA SUMPLE-SULLIV AN, ATTORNEY-AT-LAW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. LT-0000761-04 : NO. 05-4754-Civil Term DANIEL HOWER and MICHELLE L., HOWER Defendants CERT~CATEOFSERVlCE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served the Motion to Compel Response to Interrogatories and Document Production Requests In Aid of Execution to this Honorable Court, in Lhe above-captioned matter upon the following individual via United States Mail: Ms. Michelle L. Hower 115 North Street, Apt. 531 Harrisburg, PA 17102 Barbara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court LD. 32317 DATE: December 13, 2005 .___J LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070-1.931 PHONE (717) 774-1445 FAX (717) 774-7059 November 1, 2005 Ms. Michelle L Hower 115 North Street, Apt. 531 Harris bur2:, PAl 7102 Re: Barbara Sumple-Sullivan v. Daniel Hower and Michelle Hower Docket No. LT-0000761-04/ 05-4754-Civil Term / Cumberland Co. Dear Michelle: Enclosed please find Interrogatories and Document Production Requests in Aid of Execution to be answered by you. Your answers will be due to my office within thirty (30) days. If you should have any questions, do not hesitate to contact my office. Barbara Sumple-Sullivan BSS/ab Enclosures BARBARA SUMPLE-SULLIV AN, ATTORNEY-AT-LAW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CmJNTY, PENNSYLVANIA v. NO. LT-0000761-04 DOCKET NO. 05-4754 DANIEL HOWER and MICHELLE L. HOWER, Defendant CIVIL TERM INTERROGATORIES IN AID OF EXECUTION TO: Ms. Michelle Hower 115 North Street, Apt. 531 Harrisburg, PA 17102 AND NOW comes, Barbara Sumple-Sullivan, Esquire and files, in accordance with Pa. R.C.P. 3117, the following Interrogatories in Aid of Execution of her judgment against the Defendants. You must answer these interrogatories within thirty (30) days of the date of service on you. Responses are due within thiliy days of the date of service. 1. IdentifY all financial accounts that you have, either in your name alone or with another party. For purposes of this Interrogatory, financial account shall be any account held by a bank, credit union, insurance company, brokerage house, or any other depository of monies. For each financial account, please identifY the following: a. The name and address of the financial institution; b. Your account number(s); and c. The sums in the account from December 30, 2004 for each month thereafter to the present. Answer: 2. IdentifY all entities (natural person or otherwise) who owe you money either as salary, wage, or for repayment of a debt. a. For each person, identifY the name and address of the individual or company; 2. 111e amount of the monies owed. I. If this is your employer, identifY the pay date on which you are paid your salary or other wage; The amount received as salary or other wages; and State your payroll or other identifYing number. b. o :>. Answer: 3. IdentifY your current employer(s). a. State address and telephone number; lli"1d b. State the name of your supervisor. Answer: 2 4. Please identifY the location of any safe deposit box held in your name and the contents thereof as of December 30, 2004 through the present. Answer: 5. Please identifY all items of personal property held by you presently, including, but not limited to items such as vehicles, in excess of One Hundred Dollars ($100.00). a. IdentifY any encumbrance against said personal property. Answer: Dated: November 1, 2005 Barbara Sumple-Sullivan, Esquire v 549 Bridge Street New Cumberland, P A 17070-193 1 (717) 774-1445 Supreme Court J.D. No. 32317 ., BARBARA SUMPLE-SULLIV AN, ATTORNEY-AT-LAW, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. LT-0000761-04 : DOCKET NO. 05-4754 DANIEL HOWER and MICHELLE L. HOWER, Defendant : CIVIL TERM: CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the foregoing INTERROGATORIES IN AID OF EXECUTION, in the above-captioned matter upon the following individua](s) by fIrst class mail, postage prepaid, addressed as follows: Ms. Michelle Hower 115 North Street, Apt. 531 Harrisburg, PA 17102 DATED: November], 2005 umple-Sullivan, sqUIre 549 Bridge Street New Cumberland, PA 17070-193] (717) 774-]445 Supreme Court LD. No. 32317 4 BARBl..RA. SUMPLE-SULLIV AN, ATTORNEY-AT-LAW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COl.JNTY, PENNSYLVANIA v. : NO. LT-000076]-04 DOCKET NO. 05-4754 DAN1EL HOWER and M]CHELLE L. HOWER, Defendant CIVIL TER11 DOCUMENT PRODUCTION REQUESTS IN AID OF EXECUTION TO: Ms. Michelle L. Hower 115 North Street, Apt. 531 Harrisburg, P A 17102 AND NOW comes, Barbara SumpIe-Sullivall, Esquire and files, in accordance with Pa. R.C.P. 3117, the following Document Production Requests in Aid of Execution of her judgment against the Defendants. You must answer these document production requests within thirty (30) days of the date of service on you. Responses are due within thirty days of the date of service. I. Please provide monthly statements from all financial accounts that you have, either in your name alone or with another party for each financial account listed in your Answer to Interrogatory No. ] from December 30, 2004 to tt'1e present. ') Please provide documents to support each Answer to Interrogatory No.2. If the amount of monies owed is from your employer, please provide a current pay stub. ~ ..J. ; Please pmvide your 2004 Federal, State an7Z-a:r:rax Returns. R /~-. .~ ;~pe// Z"'6mitb1, / - ~ ! Barb~a Sump1e-SulliviL'l, Esqu.li-e 549 Bridge Street New Cumberland, PA 17070-]93] (717) 774-11~5 Supreme C01L.1:I.D. No. 32317 Dated: November ],2005 BARBARA Sm1PLE-SULLIV AN, ATTORNEY-AT-LAW, Plaintiff : IN THE COlJRT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. LT-0000761-04 : DOCKET NO. 05-4754 DANIEL HOWER and MICHELLE L. HOWER, Defendants CIVIL TERM CERTIFICATE OF SERVICE r, Barbara SumpIe-SulIivan, Esquire, do hereby certifY that on this date, r served a true and correct copy of the foregoing DOCUMENT PRODUCTION REQUESTS IN AID OF EXECUTION, in the above-captioned matter upon the following individuai(s) by first class mail, postage prepaid, addressed as follows: Ms. Michelle L. Hower 115 North Street, Apt. 531 Harrisburg, fA 17102 DATED: November 1,2005 B ...., ~ 1 S..111;' ~ . , a:rDara ::>ump-te-. lli11V~ B5CfJ..l1Ie 549 Bridge Street . NewCmnberland, PA 17070-1931 (717) 774-1445 Supreme Conrt LD. No. 32317 Exhibit B LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVAKIA 17070-1931 PHONE (717) 774--1445 FAX {717} 774~7059 December 22, 2005 Ms. Michelle L. Hower 115 North Street, Apt. 531 Harrisburg, PA 17102 Re: Barbara Sumple-Sullivan v. Daniel Hower and Michelle Hower Docket No. LT-0000761-04 / 05-4754-Civil Term / Cumberland Co. Dear Michelle: Enclosed constituting service on you is a Rule to Show Cause. Your response is due to be filed in Court within twenty (20) days. I urge you to take responsibility and satisfy this judgment. Barbara Sumple-Sullivan BSS/lh Enclosure DEe 1 4 2005 Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street NewCwnberland,PA 17070 (717) 774-1445 BARBARA SUMPLE-SULLIV AN, ATTORNEY-AT -LAW, Plaintiff ."._,_~m_ IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. LT-0000761-04 : NO. 05-4754-Civil Term DANIEL HOWER and MICHELLE L., HOWER Defendants RULE TO SHOW CAUSE AND NOW, this ~ day ofD N..PrrJJ-e)\} ,2005, it is Ordered and Decreed UD~~ ~Qf ~) that Defendartt, Michelle L. Hower, shall file a Rule returnable within days of the -!J-L\1l;t&l dltte of this Order to show cause why Plaintiffs Motion should not be grartted. Failure to timely file said Rule will result in Plaintiffs Motion to be GRANTED. BY THE COURT: J. Barbara Sumplc-Sullivan, Esquire Supreme Court #323 17 549 Bridge Street New Cumberland, PA ] 707(717) 774-1445 BARBARA SUMPLE-SULLlV AN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. LT-0000761-04 NO. 05-4754-Civil Term DANIEL HOWER and MICHELLE L., HOWER Defendants CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certifY that on this date 1 served a true and correct copy of the Petition to Make Rule Absolute in the above-captioned matter upon the following individual(s) by United States first-class mail, postage prepaid, addressed as follows: Ms. Michelle L. Hower 115 North Street, Apt. 531 Harrisburg, PA 17102 DATE: January 17, 2006 / (B umple-Sullivan~ Esquire '. 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 t'_:J L_ :::' ~.~J ,.,/ . o . ~ . 90071 i" j I Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 BARBARA SUMPLE-SULLlV AN, ATTORNEY-AT-LAW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. LT-0000761-04 NO. 05-4754-Civil Term DANIEL HOWER and MICHELLE L, HOWER Defendants ORDER AND NOW, this ,<:j. day of (Ia-.,...., ,2006, upon consideration of Plaintiffs Petition to Make Rule Absolute, said P~hereby GRANTED. It is further ORDERED and DECREED as follows: 1) Defendant, Michelle L. Hower, shall respond to Plaintiffs Interrogatories and Document Production Requests in Aid of Execution within fifteen (15) days of this Order; and 2) Def.:.n.dMlt, MiGh~lle L Hower sh~ lLpay. te PlaiW:iff1he sum of Three Hundred Dollars and 00/100 ($300.00) for l(,;im'uLll~Gm<:Ht gf costs.and.fees incl1rr~a Felati vt: to hCl failttfe 16 60Glf31y v.rith rlit:{'O"~t:,'; and .r~ c.... 1-&......... A. fIJU.,......:.J Coll-J o.Y -M":'" ~. ~ v...,....--.. 3. All)' UtI.,",l .1 Glief :u thp Crmrl ,lppmc jll~t :au,l rp.!;If;;:nn<.lble BY THE COURT: 11")., 1..1- SI : ~'l o;~ 1:' ~/" : :~ ).,U'\ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 BARBARA SUMPLE-SULLlV AN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. LT-0000761-04 : NO. 05-4754-Civil Term DANIEL HOWER and MICHELLE L., HOWER Defendants MOTION FOR SANCTIONS AGAINST MICHELLE L. HOWER AND NOW, this _ day of , 2006, Barbara Sumple-Sullivan moves the court for a Sanction Order pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure against Michelle L. Hower, Defendant. 1. Interrogatories and Document Production Requests in Aid of Execution were served upon Defendant, Michelle L. Hower, on or about November l, 2005 at Defendant's last known address. 2. The responses to the Interrogatories and Document Production Requests were due within thirty (30) days of service in accordance with Rule 3117 of the Pennsylvania Rules of Civil Procedure. 3. No timely response was received from Defendant, Michelle L. Hower. 4. Plaintiff filed a Motion to Compel Responses to Interrogatories and Document 1 Production Requests in Aid of Execution on December 13, 2005 requesting that they be answered within fifteen (I5) days of the Motion. 5. On or about December 21, 2005, Judge Kevin A. Hess had issued a Rule to Show Cause as to why Plaintiffs Motion to Compel should not be granted. Said Rule was returnable within twenty (20) days and served on Defendant by Certificate on December 22,2005. 6. Defendant failed to file a timely answer to the Rule to Show Cause. 7. On or about January 17,2006, Plaintiff filed a Petition to Make the Rule Absolute requesting Defendant, Michelle L. Hower be ordered to respond to the discovery requests within fifteen (IS) days and reimburse Plaintiff Three Hundred Dollars ($300.00) for costs and fees incurred. 8. The Honorable Judge Kevin A. Hess issued an Order dated January 19, 2006, requiring Defendant, Michelle L. Hower to respond to the discovery within fifteen (15) days of the Order. Judge Hess also assessed fee to Defendant, Michelle L. Hower of Three Hundred Dollars ($300.00) to be collected at the time of execution from Defendant for counsel fees and costs associated with this action. A true and correct copy of the Order is attached hereto as Exhibit "A." 9. Plaintiff served the January 19,2006 Order on Defendant, Michelle L. Hower by letter dated January 24, 2006, which was sent Certified Mail and also by regular mail with a 2 Certificate of Mailing. Defendant failed to claim the Certified Mail. A true and correct copy of same is attached hereto as Exhibit "B." 10. No response was received from Defendant, Michelle L. Hower in compliance with the Order. II. In or around February, 2006, Plaintiff received knowledge that Defendant relocated to a new address on February 28, 2006, Plaintiff served the January 19,2006 Order by Certified Mail-Restricted Delivery and Defendant, Michelle L. Hower signed same. A true and correct copy of same is attached hereto as Exhibit "C." 12. No responses have been filed by Defendant, Michelle R. Hower. 13. Pa. R.C.P. 4019 provides as follows: 4019 (a)(I) The court may, on motion, make an appropriate order for sanctions if: (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005. 4019 (c) The court, when acting under subdivision (a) ofthis rule, may make (1) an order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or any other designated fact shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; (2) an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition; 3 (3) an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience; (4) an order imposing punislunent for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5) such order with regard to the failure to make discovery as is just. 14. Plaintiff requests Defendant, Michelle L. Hower, be held in contempt and ordered to pay fees and fines as the Court deems appropriate for failure to adequately respond to Plaintiffs Interrogatories and Document Production Requests in Aid of Execution. 15. Further, Plaintiff requests that Defendant be ordered to fully and adequately answer the Interrogatories and Document Production Requests in Aid of Execution within fifteen (15) days of the Order. WHEREFORE, it is respectfully requested that judgment be entered in favor of Plaintiff and Defendant, Michelle R. Hower be ordered to pay sanctions as the Court deems appropriate for failure to respond to Plaintiffs Interrogatories and Document Production Requests in Aid of Execution and be ordered to fully and adequately respond to the Interrogatories and Document Production Requests within fifteen (15) days ofthe Order. ) , I Dated: APril1/-, 2006 Barbara umple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ID #32317 4 Exhibit A "'"') Barbara Sumplc-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774"1445 BARBARA SUMPLE-SULLIV AN, ATTORNEY-AT-LAW, Plaintiff IAN 1 8 Z006 Cl : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V AN1A v. : NO. LT-0000761-04 : NO. 05-4754-Civil Term DANIEL HOWER and MICHELLE L., HOWER Defendants ORDER AND NOW, this J.2.J!! day 0~6, upon consideration of Plaintiff's Petition to Make Rule Absolute, said Petition is hereby GRANTED. It is further ORDERED and DECREED as follows: 1) Defendant, Michelle L. Hower, shall respond to Plaintiffs Interrogatories and Document Production Requests in Aid of Execution within fifteen (15) days of this Order; and 2) De:Ecaatmt, Mivh"HG L. lIe-.ver, SHaR Fa.:,' tn Ph;~tHf lhe sum of Three Hundred Dollars and 00/100 ($300.00) for reimlnlfseH1imt sf (,Q~to lII.l.g f~es mSUlTIlQ r8l.atP..e ~8 Her faHm-e te rg~y nqtG giJi~Q"8F), /l.uJ .5 ho...\. \. be ~ os o..d.cLborJo..l c.o~b a. brne. of e~ec\.~.:\-iotJ. 3. ARj' eth@r rllllef at; tG@ C9W QIleH15 ja:lt !I:ll.a reli38fiLHl18 BY THE COURT: J. Exhibit B '\ ; LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070~1931 PHONE (717) 774-1445 FAX (717) 774-7059 January 24,2006 CERTIFIED MAIL- AND crxJ.:u'.1CATE OF MAILlll:i Certificate No. 7003 0500 0001 6561 6000 Ms. Michelle L. Hower 115 North Street, Apt. 531 Harrisburg, P A 17102 Re: Barbara Sumple-Sullivan v. Daniel Hower and Michelle Hower Docket No. LT-0000761-04 / 05-4754-Civil Term / Cumberland Co. Dear Michelle: Enclosed constituting service on you is an Order dated January 19, 2006 requiring you to respond 1:9 Plaintiff's Interrogatories and Document Production Requests in Aid of Execution within fifteen days of the date of the Order. // / S~er~ly / / / / BSS/ab Enclosure Received Fro O~;O.f o~~:J:~W~ L- +\0 lP~r \\6 \JuA\-\ ~~~+I Art 53/ \\CA.(,(,i:S\oo(U\ r A \'\.\Od-. \ l PS Form 3817. Mar. 1989 w '7'-'~'-'--'-'1 , '" "I'-',:;l\ L_ Exhibit C ") LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CVMBERLAND. PENNSYLVANIA 17070..1931 PHONE (711) 774-1445 FAX (717) 774-7059 February 28,2006 CERTIFIED MAIL-RESTRICTED DELIVERY Certificate No. 7003 0500 0001 6561 5904 Ms. Michelle L. Hower 12 S. Rupp Avenue Shiremanstown, PA 17011 Re: Barbara Sump1e-Sullivan v. Daniel Hower and Michelle Hower Docket No. LT-0000761-04 f 05-4754-Civil Term I Cumberland Co. Dear Michelle: I Ull@rstand that you are now residing with your parents. Enclosed constituting service on you is an Order dated January 19,2006, requiring you to respond to Plaintiff's Interrogatories and Document Production Requests in Aid of Execution within fifteen (15) days of the date of the Order. This was sent to you by letter dated January 24, 2006, at your previous address of 115 North Street, Apt. 531, Harrisburg, and was returned to my office unclaimed. I will allow you an extension to respond on or before March 15, 2006. If no response is received from you by that date, I will take further action with the Court. U,S. postal Service", CERTIFIED MAIL,,, RECEIPT . (Domestic Mail Only; No Insurance Coverage PrOVIded) BSS/ab Enclosure Retum Reciept Fee (Endorsement ReqUired) o Restlicted Delivery Fee o (Endorsement Required) U1 CJ ,0' , " . .' c~rIf)l1~ pFr~1C postage $ \.0.1'9 ':'. J Certified Fee ;. . Total postage & Fees ~~.;'t $ en ~ . e~{i...L!]".lQHntE.......k__,_-}iQJN.~~..__m._m...... f'- ;~~~::;':_L~___.._Q~..__eY.p-p-mj},L~\.._m.._m.__m_.....' C;ty,S,:,te,ZlP+4 .M.' ~'.\J" PA /lOll :;'1:+1(25fYl...,.,'''''wv .". ". .uSPS - Track & Confirm Page 1 of 1 .. UM. ~'fEV$f).!ll. m ....POS'T1U.SEmliC1!.~, !:l2IM I ~ .... ..... .......'_. .....-...:-:.:.:.:.:.:.;.:.:-:-;.:.:.:.;.:.:.:-;.:<,;.:.: Track & Confirm Track & Confirm Searcb Results Label/Receipt Number: 70030500 0001 6561 5904 Status: Delivered Your item was delivered at 2:25 pm on March 03, 2006 in CAMP HILL, PA 17011. rn~ck & Co:mhlm Enter Label/Receipt Number. r---'-"-~~~-~~~~-""~---~- } f Ad(h~ifmai'ikitiifi~ --: ;: iiai~n'ft)"iisPs:tM'H_';""': ",'. .............-.......... .-..-.... 1iJ~;fflj)~tk!l!.l)fll!ir.4 Track & Confirm by email Get current event information or updates for your item sent to you or others by emaii. ! G<> ,', . POSTAL INSPECTORS Preserving the Trust site map contact us government services jobs National & Premier Accounts Copyright @ 1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrm1.smi.usps.com/PTSlnternetWeb/lnterLabellnquiry .do 3/31/2006 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 BARBARA SUMPLE-SULLlV AN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. LT-000076I-04 : NO. 05-4754-Civil Term DANIEL HOWER and MICHELLE L. HOWER Defendants CERTIFICATE OF SERVICE 1, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served the Motion For Sanctions to this Honorable Court, in the above-captioned matter upon the following individual via United States Mail: Ms. Michelle L. Hower 12 S. Rupp Avenue Shiremanstown, P A 17 DA TE: APr~, 2006 e-Sullivan, Esquire ~ 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. 32317 5 ,~ .-~~ BARBARA SUMPLE-SULLIV AN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-4754 CIVIL NO. LT-0000761-04 DANIEL HOWER and MICHELL E: L. HOWER, Defendants IN RE: MOTION FOR SANCTIONS ORDER AND NOW, this :2 9" day of April, 2006, hearing on the within motion for sanctions is set for Thursday, June I, 2006, at 2:00 p,m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, ~bara Sumple-Sullivan, Esquire Plaintiff ~hel1e L. Hower Pro Se Defendant ~ Ad- :rlm "o~ diO'):- -'-"'~J ' 'H I L I :~ Hd 8~ ild\f gaOl AH110i\;C';--:;,',,';::d 3Hl :!O 38!..:~:-!C}'.'CEJl!:I Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 BARBARA SUMPLE-SULLIV AN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. LT-0000761-04 : NO. 05-4754-Civil Term DANIEL HOWER and MICHELLE L. HOWER Defendants IN RE: MOTION FOR SANCTIONS ORDER AND NOW, this 10 r day of IJ1tt; ,2006, hearing on the within motion for sanctions has been rescheduled to Thursday, August 3,2006 at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A.. BY THE COURT: AJ :rlm \fINVtilASNN3d 1 ll\\n.....r\ (1" '.'J,' '''''-IMnl"\ ^..Lr-'i ,I",L. ". !.!',;' :",t:\~jf''i v ~z :2 Wd 0 I ,l.VW 900Z Ai:\Vl0NOHlOOd 3Hl .:iO 3~I:HO-031Y